Articles Posted in DUI Consequences

boating-under-the-influence-300x225From gorgeous harbors and miles of coastline to hundreds of lakes, reservoirs and waterways, there are plenty of places in California to enjoy time out on a boat. But if you think operating a boat exempts you from California DUI laws, think again. Last spring, Dean Allen Payne came face to face with the full force of California law after running his boat over two ladies in innertubes, seriously injuring both of them. After being convicted operating the boat while intoxicated, Payne was sentenced to 12 years in state prison.

While DUI boating laws differ only slightly from those covering automobiles on the road, the consequences of breaking them can be no less severe. If you operate a boat and choose to indulge, here’s what you need to know about boating and DUI.

Boating Under the Influence: An Overview

2019-DUI-300x205It’s not how you envisioned kicking off the New Year. Perhaps you’ve made resolutions; perhaps you’ve set goals. You were looking forward to the prospects of a new year with new possibilities. Certainly, kicking off 2019 with a Los Angeles DUI arrest was not on the agenda. Now you are facing potential charges that could spoil your momentum and derail all your plans for the year. What do you do now, and what steps can you take to get your year back on track?

First, regardless of the specific circumstances of your case, realize that you’re not the only person in this situation. The holiday season of 2018 in general, and New Year’s Eve in particular, has been record-setting for DUI arrests in California. Consider the following:

• Over the Christmas weekend 2018, California law enforcement officers made more than 1100 DUI arrests. That’s nearly 200 more than the 917 arrests made during the same time in 2017.

notorious-ingrid-bergman-cary-grant-300x225Continuing our examination of DUI as reflected in popular culture and media, let’s shift our focus from music and television to the film industry.

DUI in Film

While the depiction of DUI on TV drastically changed in the 1980s, and while DUI in popular music has been both consistent and prolific, the film industry perhaps falls somewhere in the middle of these extremes. While the movies certainly don’t shy away from this topic, neither does the industry as a whole appear to carry any particular agenda—which makes an examination of this medium a bit more complex. Perhaps the best approach is to look at a few specific examples of DUI in films—both classic and modern—to see what we can learn.

DUI-myths-vs-realityAs much as we are bombarded with media messages and warnings to avoid drinking and driving—and the consequences if we ignore those warnings—it’s remarkable how much the public doesn’t understand about DUI, especially here in Los Angeles. In particular, people who get pulled over on suspicion of DUI frequently have inaccurate preconceived ideas about what officers can and cannot do, what might cause an arrest, whether or not the charges will stick, and so on.

To be clear, you should never get behind the wheel if you’ve been drinking, and nothing we’re about to say should be construed as suggesting otherwise. However, people frequently misjudge their own thresholds, and even people who haven’t been drinking sometimes find themselves under roadside investigation for DUI. Let’s dispel a few commonly held myths about DUI in Los Angeles (and the rest of California, for that matter) and replace them with the facts.

MYTH: Only people who have been drinking are arrested for DUI.

One term you’re likely to hear in the context of California criminal law than in other states is the term “wobbler” or “wobbler offense.” While other states do have “wobblers,” California law is known for them; in fact, there are over 100 “wobbler” offenses documented in the California penal code, including some related to DUI. What are these “wobbler DUIs,” what do you need to know about them, and how can your attorney address them in a way to help you obtain the most positive possible outcome?DUI-wobblers-los-angeles

“Wobbler” Defined

A wobbler is simply a crime that can be prosecuted either as a misdemeanor or a felony. The decision to pursue one or the other is usually left to the prosecuting attorney who takes into account the circumstances surrounding the case to decide which is the more appropriate charge—or which he believes carries the best likelihood of a conviction.

doctor-license-and-DUI-los-angelesOn February 20, 2016, Dr. Rex Lloyd Patrick Rhoten, a neurosurgeon with Kaiser Permanente, was driving his Tesla along a stretch of road in Rancho Santa Fe, supposedly on his way to work, when official documents state he crashed his vehicle into some trees, according to NBC 7 in San Diego. The responding officer noticed possible signs of intoxication which were confirmed with several field sobriety tests. His BAC level was registered as .26, over three times the legal limit. A few months later, Rhoten was convicted on charges of DUI; shortly after, the California Attorney General filed a Matter of Accusation with the state Medical Board, putting Rhoten’s professional license in jeopardy.

According to official documents filed one year after the incident, Rhoten is prohibited from the solo practice of medicine for five years pending an evaluation—his medical license revoked, but stayed, during the five-year probation.

A DUI conviction can cause widespread repercussions, including jail time, fines, required treatment, driver’s license suspension and social embarrassment—but for people whose jobs involve professional licensing, a DUI can have even more serious repercussions. Licensing boards may invoke disciplinary action on members who receive DUI convictions—anything ranging from official reprimands to fines, mandatory treatment, suspensions and even permanently revoking their licenses.

Here in California, even a single DUI conviction can complicate your life greatly. A first-time conviction can cost you jail time, license restrictions, fines and mandatory classes—not to mention embarrassment in your home and professional life. However, these difficulties pale in comparison to what you could face for multiple DUIs. By the time you reach three or more convictions, California law places you in an entirely different category, in part thanks to the “three-strike” criminal penalty structure. If you are facing your third (or more) DUI conviction, you’ll need to be prepared for some major changes in your life.three_DUIs-los-angeles-300x199

The penalties for three or more DUI convictions within 10 years are spelled out in California Vehicle Code 23546 and 23548. We’ve summarized the key points below so you’ll know what to expect and how to prepare.

Be Prepared to Spend Time in Jail

You have always prided yourself on being a good driver. You’ve always been careful with consuming alcohol before getting behind the wheel; you know your limits and you err on the side of caution. You’ve had a safe driving record for the past 50 years—only an occasional speeding ticket. You’ve never had a DUI, never been arrested.senior-DUI-los-angeles

One night, you go to a restaurant with friends and you have the same glass of your favorite wine that you’ve enjoyed for years—the same glass of wine you’ve always been able to enjoy without it affecting your driving ability. But on your way home, you see a policeman’s lights in your rearview mirror. You pull over; the officer tells you that you were weaving, asks for your license and registration, then asks you to get out of the car. Before you realize what’s happening, you’ve been arrested on suspicion of DUI.

How did this happen? You’re always so careful.

It’s the scenario we all hope never happens—and one that in truth should never happen. Someone has a lapse in judgment, gets behind the wheel while under the influence of alcohol or another substance, gets into an accident—and another person dies as a result. Aside from the overwhelming sense of loss and guilt of knowing his actions have caused this death, now that person may be facing more serious criminal charges on top of the DUI.DUI-murder-300x200

In a perfect world, you should never find yourself in this situation, but if you are charged in California with a DUI incident involving a fatality, what can you expect? What, exactly, are you facing?

Three Possible Charges

You’re driving along a California highway, minding your own business, when you get pulled over by a police officer on suspicion of DUI. It can happen to anyone, even dDUI-complications-los-angeles-300x168rivers who have had nothing to drink—but how you respond in this situation can make things far more difficult for you or, in some cases, much easier. To give you a better chance at the latter, we’ve compiled a list of “don’ts”—eight things you should only do if you are a glutton for punishment or hell-bent on making your DUI arrest more difficult than it needs to be.

1. Don’t be rude to the police.

In this situation, the ancient proverb applies: “A soft answer turns away wrath.”

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